Independent Administration

When writing a will in Texas, a person can grant powers ofindependent administration to his or her chosen executor. This designation greatly reduces the time, expense and hassles of probate because the executor does not have to get court approval at every turn.

With great power comes great responsibility, as the saying goes. The Law Offices of Kennedy & Jackson assists independent administrators with the daunting tasks and legalities of settling the estate of a family member or friend. Our probate administration lawyers advise executors in Greater Houston and throughout Harris County.

We also offer complete estate planning services and urge clients to consider an independent administration clause when drafting a will.

The default under Texas probate law is dependent administration. If the person died without a will, for example, the appointed administrator must get authorization from the judge for every transaction and expenditure. Needless to say, that makes the process long and tedious.

If the will specifies independent administration, the named executor has virtual carte blanche to conduct transactions, pay creditors and make distributions as he or she sees fit. With guidance from our experienced attorneys, this greatly streamlines the probate process for the executor and the beneficiaries. After filing of the will and official appointment at a hearing, you can settle the estate on your own terms and timeline without micromanagement by the court.

What if the person had a will but did not nominate an executor or specifically authorize independent administration? The court may appoint an independent administrator if all beneficiaries are in agreement.

What if the independent administrator is making a mess of things? Beneficiaries can petition the court to intervene by asserting dependent administration or removing the administrator.

CONTACT BOARD-CERTIFIED ESTATE ADMINISTRATION ATTORNEYS

Thomas Kennedy and David Jackson are both certified as specialists in probate administration and estate planning by the Texas Board of Legal Specialization. You will work directly with one of our experienced partners throughout the process of settling your loved one’s estate.

To schedule an appointment with one of our board-certified attorneys, call 713-783-7444 or send us an email.

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